5 months ago
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The Bombay High Court connected Tuesday (December 16, 2025) rejected 7 bail pleas filed by 8 accused persons, including Pune builder Vishal Surendra Kumar Agarwal, successful the May 19, 2024, luxury car hit-and-run mishap successful Kalyani Nagar that killed 2 IT professionals.
The tribunal held that the accused conspired to tamper with humor samples and falsify aesculapian records to shield the juvenile driver, observing that specified acts “eroded the precise mode of justice.”
Justice Shyam C. Chandak, pronouncing the order, said, “There is simply a beardown prima facie lawsuit against the applicants of having entered into a transgression conspiracy to tamper with the prosecution grounds and to make mendacious grounds with the assistance of mendacious documents successful the quality of Medical Certificate of the CCL and his friends that they were not nether the power of alcohol.”
The pleas were filed by 8 individuals: Aditya Avinash Sood and Arunkumar Devnath Singh, businessmen and fathers of the juvenile’s friends; Vishal Agarwal, builder and begetter of the juvenile (Child successful Conflict with Law); Ashish Satish Mittal, accused of providing his humor illustration for swapping; Amar Santosh Gaikwad and Ashpak Basha Makandar, alleged middlemen; and 2 Sassoon Hospital doctors, Dr. Ajay Aniruddha Taware and Shrihari Bhimrao Halnor, accused of manipulating aesculapian records.
The mishap occurred astir 2 a.m. connected May 19, 2024, erstwhile a luxury car allegedly driven by a 17-year-old juvenile rammed a motorcycle, sidesplitting Anis Awadhiya and Ashwini Koshta. The juvenile and his friends had reportedly consumed alcohol earlier the crash. Initially booked nether Sections 304A, 279, 337, 338 IPC and Motor Vehicles Act provisions, the FIR was aboriginal amended to see Section 304 IPC.
The complaint expanse invokes Sections 304, 279, 337, 338, 427, 120-B, 201, 213, 214, 466, 467, 468, 471, 109 r/w 34 IPC, provisions of the Prevention of Corruption Act, and sections of the Motor Vehicles Act.
Special Public Prosecutor Shishir Hiray argued, “The applicants showed nary respect to the dormant who were young similar the CCL. Rather they insulted their decease and made mockery of the justness by tampering with and causing disappearance of the prosecution evidence, utilizing corrupt practice and taking successful their power the nationalist infirmary system.”
He cited CCTV footage, telephone records, and forensic reports, adding, “Dr. Halnor and Dr. Taware accepted ₹3,00,000 arsenic a bribe magnitude done the applicants Ashpak Makandar and Amar Gaikwad.”
The tribunal noted ₹2,50,000 was seized from a aesculapian pupil and ₹50,000 from co-accused Atul Ghatkambale.
Senior Advocate Aabad Ponda, for Vishal Agarwal, said the mishap happened “behind his back” and argued determination was nary statutory barroom for bail. Advocates for different applicants claimed they acted nether unit oregon had nary relation successful the conspiracy.
Rejecting the pleas, Justice Chandak noted, “The offence is serious. Applicants jointly tried eroding that precise mode of the justness to beryllium done to the two innocent, who died successful the mishap at very young age.”
On forgery, the tribunal held, “The mendacious certificate extinguished the prosecution’s close to assertion and beryllium that the CCL and his friends had consumed alcohol. The said papers intelligibly answers the explanation of ‘valuable security’ nether Section 30 IPC.”
The tribunal dismissed arguments connected procedural lapses, stressing victim rights, “Safeguarding the justness to beryllium done to the victims of the crime/their families is 1 of the facets of Article 14, victims cannot beryllium made to endure for the mistakes oregon lapse connected the portion of the police.”
“While ‘bail is the regularisation and jailhouse is the exception,’ the seriousness of the offence and hazard of tampering justified denial,” the bid read.
The justice noted Shivani Agarwal, the juvenile’s mother, was granted bail earlier lone connected sex grounds.
The bid invoked Article 14 and unfortunate rights nether the new Bharatiya Nagarik Suraksha Sanhita (BNSS), citing Section 123 which gives victims the close to entity to bail. It relied connected Supreme Court precedents, including Amarmani Tripathi, emphasizing that bail decisions indispensable measurement severity and hazard of influencing witnesses.
Applicant Amar Gaikwad’s plea citing obesity and diabetes was rejected, “No worldly is pointed retired to amusement arsenic to which circumstantial and urgent aesculapian attraction is required.”
The High Court directed the proceedings tribunal to framework charges and analyse worldly witnesses astatine the earliest, granting liberty to renew bail pleas after introspection of worldly prosecution witnesses.
